LAWYER'S SECTION

COURT ORDERED STRUCTURES UNDER SECTION 55

Under section 55 of the Insurance (Motor Vehicle) Act (reproduced in the Reference Section of this website) courts in British Columbia may order that damages be paid to a plaintiff on a periodic basis rather than by lump sum. At times the court must consider whether a lump sum or a structure is in the plaintiff’s best interest. The following criteria are thought to be primary considerations in deciding whether or not to order structured periodic payments:

• Age of the plaintiff.
  
  
• Competency of the plaintiff.
  
  
• Whether the injuries are catastrophic.
  
  
• Whether the plaintiff is employable.
  
  
• The extent to which the plaintiff is self-sufficient, or requires community support in order to live.
  
  
• Does the plaintiff require money for a specific purpose at any time now or in the future?
  
  
• To what extent would the plaintiff be harmed if he or she dissipated their entire lump sum award?
  
  
• Is the schedule of proposed periodic payments practicable having regard to the plaintiff’s circumstances?
  
  
• Educational background of the plaintiff.
  
  
• Plaintiff’s experience in handling money.